It is generally accepted that the first loss of consortium claim was filed in 1950 in Hitaffer v. Argonne Co., 183 F.2d 811 (D.C. Cir., 1950). It was a novel case at the time; a man, injured at work, was paid benefits by Workers’ Compensation, but his wife filed the claim. Though the claim was initially denied, an appellate court reversed and remanded the decision, sending it back to the lower courts to determine damages for the wife.
In Maryland, a husband and wife are entitled to be compensated for wrongful damage to their marital relationship. The damages which justify compensation include their loss of companionship, affection, assistance and loss or impairment of sexual relations.
If a claim for loss of consortium is brought by a married couple (right now the claim is limited to married couples only) the claim must be brought by the husband and wife and litigated at the same time as the underlying injury claim. The judge or jury will be asked to specify a separate figure from the medical expenses or pain and suffering. That figure is designated specifically for the damage to the marriage. In certain cases, there may be significant damage to a couple’s sexual relationship, but, too often the focus in loss of consortium claims is on the sex life of the couple when the real damages are to their companionship or time spent together.
Head injuries, physical impairments and any significant injury can alter the quality of time spent together. Social activities, hobbies, important life events can be ruined. The legal system recognizes the right to be compensated for this loss.
For more information about medical malpractice or about loss of consortium claims, please visit Plaxen & Adler, P.A. There, you can find a more in-depth look at medical malpractice law in Maryland, as well as information about the services we provide to our clients.
